Expert: Michelle Fattig - 11/12/2008

Question
Hello Michelle,


My son is 9 years old and was dx with PDD-NOS at the age of 4.  He is very bright but struggles with socials skills.  Going into kindergarten, he had a bunch of services (OT, PT, social skills group & speech therapy).

He was dropped from special ed in first grade.  In second grade, he was denied a 504 plan.  The principal of his school said that he was too bright, that his PDD-NOS was not substantially effecting his learning.  The principal did allow for some accommodations but would not call it a 504.

As a mother, I saw something quite different.  At the time of the 504 plan denial, I saw a  bright child struggle  to navigate his social world.  Every year of his schooling involved other students (2 in particular) antagonizing, manipulating or physically hurting him.  This resulted in my son exhibiting calming behaviors (stimming) at home - excessively at times. Therefore he had a difficult time refocusing to complete homework.  There were times when he would fall on the floor in the fetal position yelling, "Don't touch my work!"  Even though he falls apart at home, he is able to hold it together at school.  


I know when he is stressed at school, he tunes out.  He may look like he is listening, but he's not.  Fortunately for him, he really wasn't being taught material that he didn't already know.  

Now in the fourth grade, the bullying has continued and the subjects are getting harder - Although he is still a bright math student.  The school has taken measures to assure his safety and established a self-advocacy plan.  

For the past two years, my son refused to tell us of the bullying. We either found out through a third party or realized something was wrong based on his obsessive ASD behaviors at home.

He also participates in a social group led by a social worker as well as participates in small guidance groups.

My question:  From what I have briefly explain above, would my son qualify for a 504 plan?  Would the self-advocacy plan/guidance and social work groups be part of the 504?  Would his inability to tell anyone about the bullying be an issue??  His pragmatics have come a long way, but he still needs a lot of work.

I've been told that the 504 plan laws are changing in January and that it will be easier to get a plan.  We are also moving to a new state at the end of the school year.  The transition will be very taxing on my son (who by the way is a great kid!!).  

Thank you,
Jenn

If he

Answer
Yes.  He would qualify for a 504 plan as well as an individualized education program.  When IDEA was reauthorized in 2004, the intent and letter of the law changed in order to help children like ours who are "academically capable" but socially and emotionally unable.  The law states that supports be provided for children who are "disabled" in the areas of social, behavioral, language, functional independence, and etc.  Our children are no longer supposed to slip through the cracks because of their innate intelligence.  If you would like help writing a request or more specific supports, you can contact me directly through our website:

www.anniebooks.com

I can help you with the wording and providing the documentation to support your request as well as the process to file and obtain appropriate supports.  Otherwise, a great resource for parent advocacy is:

www.wrightslaw.com

Please let me know if there is anything else that I can help you with!  Also...sorry I tend to wander...

Every state has a Parent Information and Training group that provides free advocates for parents of children with special needs.  You can google a local group for your state, or ask your state department.  

My best to you and your efforts on behalf of your child.  Best regards! -Michelle